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1998 SCMR 406

HUSSAIN BIBI and others vs Mst. AMINA BIBI

Citation1998 SCMR 406
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1165-L of 1996 R.S.A. No,513 of 1977
Date1996-12-11
Judge(s)Mukhtar Ahmed Junejo, Zia Mahmood Mirza
ResultOrder accordingly

1. ' ZIA MAHMOOD MIRZA, J.---Learned counsel for the parties state that the parties have entered into a compromise, terms whereof have been reduced into writing in the form of an Agreement which is appended with the application under Order XXXIII rule 6 of Supreme Court Rules seeking the compromise to be accepted. The application has not been registered. Office is directed to formally register it. The terms of compromise are stated in the application and the same are reproduced hereunder:--

(i) The respondents/plaintiffs have agreed to surrender of Killa No,20 of Sq.No,16 land measuring 4 Kanals and 7-1/2 Marlas in favour of petitioners/defendants. Consequently the decree shall be modified to exclude the said area of land in dispute, therefore, the decree in respect of remaining land shall remain intact.

(ii) The entire amount of Rs,32,500 as price of land in dispute shall be paid to the petitioners/defendants.

2. Attorneys of both the parties state that the deed of compromise has been' A signed or thumb marked by all the petitioners and Mst. Amina Bibi respondent. Learned counsel for the parties have also signed the compromise deed on our direction and vouch for its genuineness. None of the parties, according to them, is minor. We, therefore, accept the compromise and convert the petition for leave into an appeal and allow it in terms of the compromise/agreement marked 'C-I' with the result that the decree of the Trial Court stands modified so as to exclude therefrom 4 Kanals 7-1/2 Marlas of land comprised in Killa No,20, square No,16 situate in Chak No,11 Shumali, Tehsil Bhalwal, District Sargodha.. The decree with respect to the remaining suit land shall remain in tact. At the request of the learned counsel for the petitioners, it is directed that the amount of Rs,32,500 (Rupees thirty-two thousand five hundred only) deposited by the respondent/plaintiff in the Trial Court shall be paid to the petitioners. Matter having been disposed of on the basis of compromise between the parties, there shall be no order as to costs.

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